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Author Archives: Dirkzwager advocaten & notarissen

Velperweg 1
6824BZ Arnhem
The Netherlands
E: webmaster@dirkzwager.nl
T: +31(0)88 2424 100
F: +31(0)88 2424 111

With offices in Nijmegen and Arnhem and more than 260 staff members, Dirkzwager advocaten & notarissen has specialist legal knowledge in almost every area of the law. Besides up to date knowledge of legislation and case law, it also demonstrates good judgement of character and knowledge of the markets in which our clients operate. We use our knowledge to serve our clients. We also share that knowledge, a feature that distinguishes us and benefits our clients. Clients who are supported by a lawyer with the latest professional knowledge are in a stronger position and need have no concerns. By actively sharing its knowledge, keeping you constantly updated during your case and providing clear explanations, Dirkzwager helps you become wiser. Which means that in future you can identify similar problems sooner and be better prepared, even in the temporary absence of your lawyer. After all, it’s always easier to talk about things you understand.
GmbH or AG – what are the differences?

GmbH or AG – what are the differences?

Many foreign entrepreneurs establish a subsidiary in Germany, frequently choosing a Kapitalgesellschaft (company) for liability and tax reasons. The most familiar forms of company in German law are the Aktiengesellschaft (AG), or public limited company and the Gesellschaft mit beschränkter Haftung (GmbH), or limited liability company. Both are autonomous legal ... Read More »

Dutch civil-law notary cannot execute a deed under German law

Dutch civil-law notary cannot execute a deed under German law

On the basis of two rulings by the German Bundesgerichtshof from 1981 and 1989, the belief arose that deeds under German law can be executed by civil-law notaries not practising in Germany. In particular, it would be possible to transfer shares in German companies or incorporate legal entities under German ... Read More »

Online traders take note: the EU Commission’s online dispute resolution platform

Online traders take note: the EU Commission’s online dispute resolution platform

Online dispute resolution platform Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes has directly applied in all EU Member States, including Germany, since January 2016. The Regulation applies only to online trade with consumers by companies headquartered in Europe (i.e. not in Switzerland, China or the USA). ... Read More »

There is no penalty for not having a processor’s agreement

There is no penalty for not having a processor’s agreement

Since January, under certain conditions, substantial penalties can be imposed for breaching the Personal Data Protection Act [Wet bescherming persoonsgegevens (Wbp)]. The duty to report data breaches has also been in force since that time. This means that existing processor’s agreements had to/must be amended. Some people are now however ... Read More »

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

Can a judge (in interlocutory proceedings) forbid a party to terminate an agreement even though the contractual notice period has been observed?

After a general introduction, this post will discuss a ruling by the judge in interlocutory proceedings in Rotterdam of 30 March 2016 on a continuing performance contract to produce and deliver dry soups which are eventually intended to be passed on to Heinz (ECLI:NL:RBROT:2016:2467). The purchaser ‘Continental Foods Belgium’ terminated ... Read More »

Negotiated contract clause and General Terms and Conditions of Business

Negotiated contract clause and General Terms and Conditions of Business

National legal systems routinely contain special provisions to be used for evaluating General Terms and Conditions of Business (GTC), and German law is no exception. Clauses that qualify as general terms and conditions of business are automatically subject to this rigorous scrutiny. If they do not withstand scrutiny, they are ... Read More »

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

The Employment Relationships (Deregulation) Act (DBA) comes into force on 1 May 2016. This legislative change means that the Declaration of Independent Contractor Status (VAR-declaration) is abolished. Our employment law colleagues have previously written about the employment law aspects of this but there is also important news in the field ... Read More »

The termination agreement – Key aspects under German labour law

The termination agreement – Key aspects under German labour law

There are many reasons why, in individual cases, the parties to an employment contract wish to part company or one party unilaterally terminates the employment relationship. One possible reason is the avoidance of dismissal proceedings, which entail risks for both parties. Alternatively, the parties may wish to quickly and smoothly ... Read More »

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